Immigration News Briefs

By Humera Subhani

August 2016

Supreme Court Ruling on DAPA/DACA
On June 23, 2016, the U.S. Supreme Court issued a
4-4 decision in United States v. Texas, the case challenging
expanded Deferred Action for Childhood Arrivals (DACA)
and Deferred Action for Parents of Americans and Lawful
Permanent Residents (DAPA). This means that a preliminary
injunction temporarily halting the implementation of these
initiatives stands. This ruling does not impact the original
DACA program launched in 2012. However, it does have
a disappointing impact on the millions of would-be
eligible immigrants whose lives remain in limbo after the
Court’s ruling.

In the coming weeks, the parties will make decisions
about whether to seek rehearing at the Supreme Court
or pursue other legal avenues. Although it is rare for the
Supreme Court to grant a rehearing, the Court is more likely
to rehear a case when a vacancy on the Court has prevented
it from reaching a majority decision, as in this case. The
case may ultimately go back to the district court.

USCIS Returns H1B Cases Rejected in Lottery
USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in the computer-generated random selection process. If you submitted an H-1B cap-subject petition between April 1 and April 7, 2016, and a receipt notice or a returned petition was not received by July 8, 2016, contact USCIS at www.uscis.gov/tools.

InfoPass System Updated for Problem Cases
USCIS revamped their InfoPass website which allows an applicant to schedule an appointment at one of their field offices, and a new mapping function easily locates these offices. If you cannot find answers to your questions on the general USCIS website, it is best to schedule an InfoPass appointment: for example, if you have not received expected government documents; if you found errors on documents sent by the government; if your employment or travel documents were not received during normal processing periods; in case of emergent travel; if you experienced delays of a pending case outside the standard processing times; or if you need answers to a specific case-related question not resolved at other levels (such as using the online tools at the USCIS website to make case inquiries). The new web address is: my.uscis.gov/appointment.

New H1B/L1 Bill Is Detrimental to Indian IT Companies
The H-1B and L-1 Visa Reform Act of 2016 introduced to the House of Representatives by Bill Pascrell (D-NJ) and Dana Rohrabacher (R-CA) would prohibit companies from hiring H-1B employees if they employ more than 50 people and more than 50% of their employees are H-1B and L-1 visa holders. The Wire reports that since the revenue model of most big Indian IT companies is heavily dependent on these visas in the US, such a bill is likely to have a major impact, if not sound a death knell, on their businesses.

The two sponsors of the bill come from the two American states which have the maximum concentration of Indian Americans. The lawmakers said the bill would close loopholes, reduce fraud and abuse, provide protections for American workers, require more transparency in the recruitment of foreign workers, and increase penalties on those who violate the law. To become law, the bill must pass the House and Senate and be signed by President Obama.